While not an exhaustive list, Mr. Tompkins’ representative matters include:

  • Represented ArcelorMittal USA before the ICC’s International Court of Arbitration in pursuit of claims against a supplier for breach of a long-term iron ore supply agreement that resulted in a $1.38 billion arbitration award.
     
  • Represented multiple nuclear utilities in claims against the United States Department of Energy (“DOE”) seeking damages for breach of contract for DOE’s failure to dispose spent nuclear fuel.  Cases brought on behalf of Exelon Generation Company LLC and South Carolina Electric & Gas Co. were settled on favorable terms. Mr. Tompkins was key member of a trial team that obtained a $56.8 million judgment on behalf of Energy Northwest following a three-week bench trial.  Mr. Tompkins continues to represent an electric utility in connection with annual claims for spent fuel storage costs it continues to submit pursuant to a settlement agreement with the DOE.
     
  • Pursued a claim in arbitration on behalf of an S&P 500 company against a supplier of defective goods that caused a multi-million dollar recall.  After substantial discovery, a settlement was reached resulting reimbursement of a substantial portion of the losses the client incurred carrying out the recall.
     
  • Defended a major consulting firm in a case involving allegations of actuarial malpractice in connection with the establishment of a self-funded health insurance program.
     
  • Represented a food manufacturer in pursuit of claims against packaging suppliers for damages incurred as a result of a recall necessitated by defective packaging.
     
  • Represented a consumer goods company in a dispute with the former owner of one of its brands arising out of the terms of the original asset purchase agreement and subsequent agreements.
     
  • Defended automotive forging supplier HHI FormTech LLC in several cases arising from its acquisition of the assets of FormTech Industries LLC out of bankruptcy, including a successful motion to dissolve a temporary restraining order entered by a Michigan court requiring continued shipment of parts to a former FormTech Industries customer.  The successful motion led to the eventual voluntary dismissal of the case by the plaintiff in that case.
     
  • Defended an automotive component supplier against claims by an auto manufacturer that it supplied defective components.
     
  • Represented electric utility The AES Corporation in litigation in connection with a ballot measure proposed by a California municipality seeking voter approval of a tax on consumption of natural gas at one of AES’s electric generating stations.  A California Superior Court ordered changes to the ballot to more accurately reflect the nature of the measure, which was later voted down in the subsequent election.
     
  • Counseled a Fortune 100 company regarding standard contract forms and procedures utilized in dealings with customers and suppliers.
     
  • Counseled a Fortune 100 company regarding declaration of a force majeure event after government actions substantially reduced production capacity.